Is Indian Parliamentary Democracy just a mockery?

The non-stop excitement offered by Karnataka assembly elections since the day of counting continues to remind that morality has no place in Indian politics. The fluctuating leads and trends on counting day that witnessed premature celebrations in political camps stabilised only in the afternoon presented a grim picture where no single party obtained a clear mandate. BJP which made commendable electoral gains fell short of majority by 8 seats. In the meanwhile, gulping down big egos Congress reached out to JD(S) which obtained 38 seats with 18% vote share for a post-poll alliance. JD(S) much against its pre-poll pledge of staying away from alliance formation with Congress, in a massive volte-face aligned with grand old party in lieu of irresistible offer of Chief Ministership. The post-poll alliance of Congress with 78 seats and JD(S) combine which had the numbers way above the majority mark began to fervently pitch for government formation.

Having conceded defeat in over 10 successive elections, Congress was unseated from power in majority of the states. The massive electoral drubbing since 2014 eroded pan-Indian political presence of Congress. Following a crushing defeat in Karnataka elections the party with over 120 years of legacy is just reduced to Punjab, Puducherry and Mizoram.  Though political analysts took major objection to opposition’s allegation of Karnataka being ATM of Congress, the desperation of party and its outright wooing of the smaller partner JD(S) vindicates popular perception. While counting was underway, Congress rushed its topmost leaders to take stock of situation and to manage the numbers well ahead. Having learnt its lessons, overpowered by the fear of losing its last formidable bastion in South, congress smartly cobbled up the numbers well in advance.

As against fighting pitched battles in the elections, Congress mobilised its entire ecosystem to make last ditch effort to retain power in Karnataka. The post-poll alliance which commanded the support of 116 members met governor to form government. BJP leaders too met the governor with government formation bid. Citing single-largest party claim, BJP strengthened its position. The fractured mandate shifted the onus on governor to take stock of the situation. While some constitutional experts viewed that leader of single-largest party be given first chance to prove the majority others disapproved. Soon people began to refer to recent precedents of post-poll coalitions forming governments and supported Congress stand. Amidst these warring claims, the governor who is constitutionally entitled under Article 163 and 164 to exercise discretion has invited elected legislative BJP leader B S Yeddyurappa (BSY) to form the government. Governor’s decision sparked intense debates. To resolve a hung assembly situation, examining centre and state relations, Sarkaria commission in 1983 laid out certain guidelines. Wherein the order of the inviting the parties for government formation was clearly enunciated. It reads- “In case no party gets majority, the governor should follow an order of preference: a. Pre-poll alliance b. the single largest party c. a post-poll alliance that commands the required numbers to run the government smoothly d. a post-poll alliance in which partners are willing to extend outside support”. The commission recommended that chief minister should seek vote of confidence within 30days.  Even the Punchi Commission set up in 2007 gave similar recommendations. Governor Vajubhai Vala first invited BJP, the single largest party asking them to prove majority on the floor of house within 15days.

Meanwhile, Congress and JD (S) having formed a post-poll alliance herded all their MLAs to resort claiming fears of horse-trading by BJP. Alleging that 15 days is too long a time to safe guard their elected representatives, Congress moved Supreme court at wee hours contesting governor’s discretion in inviting BJP. It even sought stalling of swearing-in ceremony of BSY and legal intervention of the Chief Justice against whom it has moved impeachment motion which was squashed by Vice-President. Ironically, Congress challenging Vice-President’s decision called for urgent hearing of the case as well which was squashed. Though it is different story for some other day. Terming governor’s decision as “encounter of the constitution”, Congress who habitually overturns the SC’s judgements which are not in its favour, thronged Supreme Court. The hearing which lasted for four hours, upheld governor’s decision and even advanced the time of the oath taking ceremony of BSY to 9am. Interestingly, the same attorney Abhishek Manu Singhvi who argued that judiciary shouldn’t intervene in the functioning of legislature in Jharkhand has represented Congress in Supreme Court. As of now, Supreme Court in its latest hearing on Friday, ordered for a floor test tomorrow by 4pm, appointed BJP MLA KG Bopiah as pro-tem speaker to conduct proceedings of floor and ruled out secret ballot ensuring transparency.  In a sudden shift of stance, Rahul Gandhi who has equated Indian judiciary to Pakistan after BSY sworn-in, hailed SC’s latest verdict mandating early floor test.

Congress by repeatedly seeking judicial intervention is undermining the independence of office of governor. It is now learnt that Abhishek Manu Singhvi, Congress attorney is going to approach SC challenging the decision of appointing Bopiah as pro-term speaker. Isn’t there any end to dynasty’s frivolous fault-finding exercise? Excessive judicial intervention in functioning of other organs of democracy may not be a good precedent for a thriving democracy like India. Indeed, it may not be surprise if Congress would once again call for pre-dawn hearing regarding speaker and restraining his functioning like disqualification. Congress has just now submitted an application before SC putting forward five points for transparency.

The competitive malicious politicking, ruthless political manoeuvring, unceremonial shepherding and locking up of elected representatives in resorts, extracting loyalty affidavits from MLAs has now reduced the electoral process to a sham exercise. Karnataka elections witnessed new lows with parties invoking religion, language, Indianness and North-South divide. Indeed, the litany of crass religious politicking in Karnataka cluttered with issues divested from progress and development dominated the poll campaigning. Curiously, all the issues that destroy the social fabric of harmony like- according minority status to Lingayats just before elections and Islamist groups collectively issuing fatwa ordaining Muslims to vote for Congress, trading charges over who is being true Hindu or on beef ban, debate on North-South debate dominated the campaigning. Even after the completion of electoral process in the state, politicians are single-mindedly focused on clinching power.

As of now, with floor test slated for tomorrow, there are reports of MLAs being hoarded and shifted to avoid being poached. The kind of abominable terminology that is being used to describe these events together with huge cache of currency, jewellery recovered in raids before elections indicates incorrigible corruptibility of Indian politics. The gigantic exercise of mobilisation of men, money and muscle power to retain in power has now become integral to elections.  While both BJP and Congress combine exuded confidence, sources claim that five Congress MLAs and three JD(S) MLAs are spotted in Delhi. BJP spokesperson alleged that the Congress party which called for urgent hearing of court at Midnight didn’t even furnish letter containing the signatures of all the supporting MLAs. Now HD Kumaraswamy indicates that he is in no hurry for floor test. A massive Rs 200 crores were spent for the smooth conduct of Karnataka assembly elections. With candidates defecting and allegedly making raw deals for power and position, is Indian Parliamentary democracy just a mockery???

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